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Chapter 5 Penal Provisions
Article 30
In violation of the provisions of Article 17, or the provisions of Article 45 to which Article 17 shall apply mutatis mutandis, for a fire protection equipment personnel who continues his/her practice of the profession during cessation of professional practice, his/her license to practice shall be revoked.
For a fire protection equipment personnel whose license to practice is revoked as stated in the preceding paragraph, his/her applications for a license to practice shall not be accepted within five years from the date of such revocation.
Article 31
In violation of the provisions of Article 16, or the provisions of Article 45 to which Article 16 shall apply mutatis mutandis, for a fire protection equipment personnel who also serves as a public servant, his/her license to practice shall be revoked or voided.However, after the elimination of the cause for revocation or nullification, an application may still be made for a license to practice as a fire protection equipment personnel in accordance with the provisions of this Act.
Article 32
In violation of the provisions of Subparagraph 1 of Paragraph 1 of Article 14, or the provisions of Article 45 to which Subparagraph 1 of Paragraph 1 of Article 14 shall apply mutatis mutandis, a fire protection equipment personnel who allows others to practice the profession using his/her name, shall be subject to punishment of a cessation of professional practice for a period between six months (inclusive) and three years (inclusive), and a fine in the amount between NT$50,000 (inclusive) and NT$250,000 (inclusive).
Article 33
In violation of the provisions of Subparagraph 2 of Paragraph 1 of Article 14, or the provisions of Article 45 to which Subparagraph 2 of Paragraph 1 of Article 14 shall apply mutatis mutandis, a fire protection equipment personnel who accepts unlawful benefits during professional practice, or solicits business in an improper manner, shall be imposed with a warning or demerit and shall be subject to punishment of a cessation of professional practice for a period between two months (inclusive) and two years (inclusive) or a revocation of his/her license to practice.
Article 34
Where any one of the circumstances in the preceding article is applicable to a fire protection equipment personnel or whoever engaged in the design, supervision of manufacturing, testing, repair, and maintenance of fire service equipment in accordance with the provisions of Paragraph 2 of Article 7 of the Fire Services Act, the competent authorities, associations of Fire Protection Equipment Engineers, or associations of Fire Protection Equipment Technicians at all levels may make a report, along with a list of facts and evidence, to the fire protection equipment personnel Disciplinary Committee for processing.
Where any one of the circumstances in the preceding article is applicable to a fire protection equipment personnel or whoever engaged in the design, supervision of manufacturing, testing, repair, and maintenance of fire protection equipment in accordance with the provisions of Paragraph 2 of Article 7 of the Fire Services Act, as found by stakeholders, the stakeholders may also make reports, along with a list of facts and evidence, to the competent authorities, associations of Fire Protection Equipment Engineers, or associations of Fire Protection Equipment Technicians at all levels, for the report to be further forwarded to the fire protection equipment personnel Disciplinary Committee for processing.
Article 35
For disciplinary incidents related to any fire protection equipment personnel or whoever engaged in the design, supervision of manufacturing, testing, repair, and maintenance of fire protection equipment in accordance with the provisions of Paragraph 2 of Article 7 of the Fire Services Act, the fire protection equipment personnel Disciplinary Committee shall notify the fire protection equipment personnel, or whoever engaged in the design, supervision of manufacturing, testing, repair, and maintenance of fire protection equipment in accordance with the provisions of Paragraph 2 of Article 7 of the Fire Services Act, to respond with replies in writing, or to clarify the matters in person, within 20 days from the date after the notice is served.In case the notified parties fail to respond with replies in writing, or to clarify the matters in person, by the deadline, the fire protection equipment personnel Disciplinary Committee may proceed with its resolution.
The person(s) being disciplined, in case dissatisfied with the resolution of the fire protection equipment personnel Disciplinary Committee, may request the fire protection equipment personnel Disciplinary Review Committee for a review of the case, within 20 days from the date after the resolution result is served.
Disciplinary resolutions from the fire protection equipment personnel Disciplinary Committee and the fire protection equipment personnel Discipline Review Committee shall be forwarded to the involved competent authorities of municipality or county (city) for announcement and enforcement.
fire protection equipment personnel Disciplinary Committees shall be set up by the competent authorities of each municipality, county (city), whereas the fire protection equipment personnel Disciplinary Review Committee shall be set up by the central competent authority.
The organization, rules of deliberation, processing procedures, and other matters for compliance associated with the fire protection equipment personnel Disciplinary Committee and the fire protection equipment personnel Disciplinary Review Committee shall be prescribed by the central competent authority.
Article 36
Those who practice the profession, without lawfully acquiring a valid fire protection equipment personnel certificate, shall be subject to the punishment of a fine in the amount between NT$200,000 (inclusive) and NT$1 million (inclusive), and ordered to stop such misconduc.Those who fail to stop such misconduct may be subject to successive punishments.However, those engaged in the design, supervision of manufacturing, testing, repair, and maintenance of fire protection equipment in accordance with the provisions of Paragraph 2 of Article 7 of the Fire Services Act shall not be subject to such punishment.
1.Emergency power supplies, such as electrical equipment other than fire protection equipment, may be handled in accordance with the provisions of the certification items carried out by professional engineers for electrical equipment in the building.
2.The installation of electrical and water piping for fire protection equipment may be implemented in accordance with the provisions of the Electricity Act, the Water Supply Act, the Rules Governing Electric Appliance Contractors, and the Regulations Governing Water Supply Contractors.
Article 37
In violation of the provisions of Subparagraph 3 of Paragraph 1 of Article 14, or the provisions of Article 45 to which Subparagraph 3 of Paragraph 1 of Article 14 shall apply mutatis mutandis, any person who divulges business insights acquired through professional practice, or discloses secrets about others, without justifiable reason, shall be subject to the punishment of a fine in the amount between NT$50,000 (inclusive) and NT$250,000 (inclusive).
Article 38
In violation of the provisions of Paragraph 1 of Article 19, any Fire Protection Equipment Engineers’ Association or Fire Protection Equipment Technicians’ Association of a municipality or county (city) refusing a fire protection equipment personnel from joining its association, shall be subject to the punishment of a fine in the amount between NT$50,000 (inclusive) and NT$250,000 (inclusive).
Article 39
In violation of the provisions of Paragraph 1 of Article 6, or the provisions of Article 45 to which Paragraph 1 of Article 6 shall apply mutatis mutandis, a person failing to apply for a license to practice as provided, or continuing to practice the profession after the revocation or nullification of his/her license to practice, shall be subject to the punishment of a fine in the amount between NT$30,000 (inclusive) and NT$150,000 (inclusive), and be ordered to stop such misconduct.Those who fail to stop such misconduct may be subject to successive punishments.
Article 40
Under any one of the following circumstances, a fine in the amount between NT$20,000 (inclusive) and NT$100,000 (inclusive) shall be imposed, also an order for improvement within a specified time limit.
Failing to make improvements within the specified time limit may be subject to successive punishments:
1.In violation of the provisions of Paragraph 2 of Article 7, or the provisions of Article 45 to which Paragraph 2 of Article 7 shall apply mutatis mutandis, a branch firm is established;
2.In violation of the provisions of Paragraph 3 of Article 7, or the provisions of Article 45 to which Paragraph 3 of Article 7 shall apply mutatis mutandis, a fire protection equipment personnel practices the profession in multiple profession-practice institutions.
Article 41
In violation of the provisions (relating to preparation of records and reports) of Paragraph 1 of Article 12, or the provisions of Article 45 to which Paragraph 1 of
Article 12 shall apply mutatis mutandis, those executing the supervision of manufacturing, testing, repair, and maintenance of fire service equipment shall be subject to the punishment of a fine in the amount between NT$20,000 (inclusive) and NT$100,000 (inclusive).
A person in charge of a professional practice institution failing to fulfill his/her duty in preventing the violation in the preceding paragraph, shall be subject to the punishment of a fine in the amount between NT$20,000 (inclusive) and NT$100,000 (inclusive).
Article 42
Under any one of the following circumstances, a fine in the amount between NT$10,000 (inclusive) and NT$50,000 (inclusive) shall be imposed.The individual shall be ordered to improve within a specified time limit.Failing to make improvements within the specified time limit may be subject to successive punishments:
1.In violation of the provisions of Paragraph 1 of Article 8, or the provisions of Article 45 to which Paragraph 1 of Article 8 shall apply mutatis mutandis, a fire protection equipment personnel continues to practice the profession after the expiry of a license to practice, without applying for renewal of the license to practice;
2.In violation of the provisions of Paragraph 1 of Article 19, a fire protection equipment personnel practices the profession without joining the Fire Protection Equipment Engineers’ Associations or the Fire Protection Equipment Technicians’ Associations of municipality or county (city) in the jurisdiction.
Article 43
Under any one of the following circumstances, a fine in the amount between NT$6,000 (inclusive) and NT$30,000 (inclusive) shall be imposed, and successive punishments shall apply:
1.In violation of the provisions of Article 13, or the provisions of Article 45 to which Article 13 shall apply mutatis mutandis, a fire protection equipment personnel shirks, obstructs, or refuses their responsibilities in performing fire protection equipment personnel tasks or preparing reports as designated by the competent authorities;
2.In violation of the provisions of Article 15, or the provisions of Article 45 to which Article 15 shall apply mutatis mutandis, a fire protection equipment personnel refuses to assist with fire protection equipment personnel matters as designated by the competent authorities.
Article 44
Under any one of the following circumstances, a fine in the amount between NT$3,000 (inclusive) and NT$15,000 (inclusive) shall be imposed, so be an order for improvement within a specified time limit.Failing to make improvements within the specified time limit may be subject to successive punishments:
1.In violation of the provisions of Paragraph 1 of Article 9, or the provisions of Article 45 to which Paragraph 1 of Article 9 shall apply mutatis mutandis, a fire protection equipment personnel fails to report for filing and reference, to report for nullification of the license to practice, to apply for approval for change of registration, or to apply for approval for transfer of registration;
2.In violation of the provisions of Paragraph 2 of Article 12, or the provisions of Article 45 to which Paragraph 2 of Article 12 shall apply mutatis mutandis, a fire protection equipment personnel fails to affix his/her own signature and a business seal to the drawings and tables prepared by himself/herself;
3.In violation of the provisions of Paragraph 3 of Article 12, or the provisions of Article 45 to which Paragraph 3 of Article 12 shall apply mutatis mutandis, registers of business practiced, records in the register are incomplete or false, or the registers of business are not kept for at least five years.